Thangapandi v. State Of Tamilnadu Rep By Inspector Of Police, Vilampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Thangapandi, S/o.Karnan, ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Vilampatti Police Station, Dindigul District.

(Crime No.97 of 2025) ... Respondent/Complainant For Petitioner : M/s.M.Pitchai Muthu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.97 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.06.2025 for the offences punishable under Sections Girl missing @ 87 of BNS r/w.Sections. 5(l) r/w.6 of POCSO Act in Crime No.97 of 2025 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the victim girl and the petitioner having love affair, by giving false promise for marriage, the petitioner had sexual relationship with the victim girl. The age of the victim girl is 17 years. Hence, the complaint.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.06.2025, nearly 75 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that this petitioner and the victim girl having love affair, on the pretext of marriage, this petitioner have sexual relationship with the victim girl on several occasions. The victim girl is aged about 17 years. This petitioner petitioner is having eight previous cases. In this case, investigation completed, charge sheet has been filed and the same was taken on file in Spl.S.C.No.135 of 2025 on the file of the learned Sessions Judge, Special 2/6

Court Exclusive Trial of cases under POCSO Act, Dindigul. If the petitioner is released on bail, he may threaten the witnesses and tamper the evidences. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that in this case, investigation is completed, charge sheet has been filed and the same was taken on file in Spl.S.C.No.135 of 2025 on the file of the learned Sessions Judge, Special Court Exclusive Trial of cases under POCSO Act, Dindigul and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court Exclusive Trial of cases under POCSO Act, Dindigul and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile 3/6

number to the learned Sessions Judge, Special Court Exclusive Trial of cases under POCSO Act, Dindigul [c] If the petitioner changes his residential address, she shall report the same to the learned Sessions Judge, Special Court Exclusive Trial of cases under POCSO Act, Dindigul [d] the petitioner shall appear and sign before the respondent police daily at 10.30.a.m. until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 10/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The Sessions Judge, Special Court Exclusive Trial of Cases Under Pocso Act, Dindigul 2 The Officer Incharge, Sub-Jail, Dindigul.

3 The Inspector of Police, Vilampatti Police Station, Dindigul District.

4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.PITCHAIMUTHU, Advocate ( SR-9818[I] dated 10/09/2025 ) 5/6

ORDER

IN CRL OP(MD) No.14917 of 2025 Date :10/09/2025 NM/10.09.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6